addendum-8-rfp-484-26.pdf

STATE OF NEW HAMPSHIRE

DIVISION OF PROCUREMENT AND SUPPORT SERVICES

BUREAU OF PURCHASE AND PROPERTY

STATE HOUSE ANNEX

25 CAPITOL STREET

CONCORD, NEW HAMPSHIRE 03301-6398

Date of Change: April 8, 2026

ADDENDUM # 08 TO BID INVITATION 484-26

DATE AND TIME OF BID CLOSING: 4/16/2026 12:00 PM

FOR: ENERGY PERFORMANCE CONTRACTING SERVICES

Bid Currently Reads:

State Response Date to Vendor Questions: April 8, 2026

Change Bid to Read:

State Response Date to Vendor Questions: April 10, 2026

Requested changes to bid language:

1. 5. CONTRACT PRICE/PRICE LIMITATION/PAYMENT

5.4 In no event shall either party be liable to the other party for consequential, exemplary, special, incidental, reliance or punitive damages, or for lost profits, even if advised of the possibility of such damages, or for any claim first asserted after the first anniversary of the completion date. In any event, either party’s liability under this Agreement shall be limited to monetary damages not to exceed the total fees paid. The Contractor agrees that it has an adequate remedy at law for any breach of this Agreement by the State and hereby waives any right to specific performance or other equitable remedies against the State.

State Response: Add or change language to the aforementioned.

2. LIMITED WARRANTY & DISCLAIMER

Notwithstanding any other provision of the Agreement, until the first anniversary of the completion date, Contractor warrants that the work shall have been performed in a professional manner consistent with the level of care and skill ordinarily exercised by other providers of such services performing under similar circumstances. The State’s sole remedy for any breach of such warranty shall be a refund of the portion of the fees paid to Contractor for the deficient work. EXCEPT AS EXPRESSLY SET FORTH IN THIS

PARAGRAPH, CONTRACTOR HAS NOT AND SHALL NOT BE DEEMED TO HAVE MADE ANY

REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,

ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

State Response: Add or change language to the aforementioned.

3. FORCE MAJEURE

Contractor shall be excused from delays in performing or from any failure to perform hereunder to the extent that such delay or failure results from any one or more of the following: acts of God; abnormal weather conditions or natural catastrophes; strikes, lock-outs or other industrial disturbances; acts of public enemies;

war, whether or not declared; sabotage; terrorist acts; riots; civil disturbances; explosions; acts or omissions of governmental authorities; unavailability of or curtailment of fuel supplies; any interruption of electric or other utility service, or any change, interference, disruption or other defect in the supply or character of the electric energy or other utility service utilized by the State; equipment failure arising from a manufacturing or design defect or the failure of the manufacturer or others to timely implement necessary repairs or replacements;

or any other cause or event not reasonably within the control of the Contractor.

State Response: Add or change language to the aforementioned.

PURCHASING AGENT: Ryan Fuller Email: NH.Purchasing@das.nh.gov

NOTE: ALL CHANGES TO BID SOLICITATION NOTED IN ADDENDUMS WILL SUPERSEDE

PREVIOUSLY SUBMITTED DOCUMENTS AND MUST BE SUBMITTED WITH THE BID. ALL OTHER

SPECIFICATIONS REMAIN UNCHANGED AND VALID.

RESPONDENT BUSINESS NAME: ______________________________________________________________

ADDRESS: __________________________________________________________________________________

PRINT NAME: __________________________________SIGNATURE: ________________________________

TEL. NO.____________________________ EMAIL ADDRESS: _______________________________________

Please visit: https://das.nh.gov/purchasing/vendorresources.aspx (click on “Bid and Proposals”) for complete bid and addendums.

mailto:NH.Purchasing@das.nh.gov https://das.nh.gov/purchasing/vendorresources.aspx